TITLE X. SUPREMACY OF THE CONSTITUTION, ITS REFORM AND CONSTITUTIONAL LAWS
Chapter I. Of the Political Constitution
Article 182
The Political Constitution is the Fundamental Charter of the Republic; all other laws are subordinate to it. Any laws, treaties, orders or provisions that oppose it or alter its provisions shall have no value.
Article 183
No power of the State, governmental organism or functionary shall have any authority, faculty or jurisdiction other than those conferred by the Political Constitution and the laws of the Republic.
Article 184
The Electoral Law, the Emergency Law and the Law on Constitutional Justice are constitutional laws which are enacted under the authority of the Political Constitution of Nicaragua.
Article 185
The President of the Republic, in the Council of Ministers, can decree, for the totality or part of the national territory and for a given time subject to extension, the suspension of rights and guarantees when the security of the nation, the economic conditions, or some national catastrophe demand it. The Law of Emergency shall regulate its modalities.
Article 186
The President of the Republic may not suspend the rights and guarantees established in Articles 23; 24; 25, no. 3; 26, no. 3; 27; 29; 33, nos. 2.1 (final part), 3 and 5; 34, except nos. 2 and 8; 35; 36; 37; 38; 39; 40; 41; 42; 43; 44; 46; 47; 48; 50; 51; 56; 57; 58; 59; 60; 61; 62; 63; 64; 65; 67; 68, first section; 69; 70; 71; 72; 73; 74; 75; 76; 77; 78; 79; 80; 81; 82; 84; 85; 87; 89; 90 and 91.
Chapter II. Constitutional Control
Article 187
An application for judicial review of any law, decree or regulation that is incompatible with the Political Constitution may be brought by any citizen.
Article 188
The writ of Amparo may be used to challenge any provision, act or resolution and more generally any action or omission of any official or authority or one of the agents of the latter who is violating or trying to violate the rights and guarantees affirmed in the Political Constitution.
Article 189
The writ of habeas corpus may be used by anyone whose liberty, physical integrity or security is being violated or is in danger of being violated.
Article 190
The following writs and procedures of constitutional review are also established:
- The writ of habeas data as guarantee for the protection of personal data stored in archives, registries, data banks and other storage media of a public or private character whose publicity constitutes an invasion of privacy and is of relevance for the processing of sensitive data of persons in their private and family life. The remedy of habeas data is available to any person who wants to know by whom, when, for what purpose and in what circumstances his personal data were used and became the object of unwarranted publicity.
- The dispute on jurisdiction and constitutionality between the powers of the State. The representatives of the powers of the State initiate a dispute on jurisdiction and constitutionality if they consider that a law, decree, regulation, act, resolution or provision of another body invades its distinct area of competence.
- The review of constitutionality in an individual case as an incidental control mechanism. If in a case pending before a judicial authority the latter considers that a provision on whose validity the outcome of the case depends is contrary to the Constitution, it must proceed to the declaration of its unconstitutionality in the case at hand. The parties to the proceedings may apply for a declaration of unconstitutionality of a provision which is applicable to the case. The judicial authority must issue a ruling on the issue, either accepting or rejecting the claim of unconstitutionality.
- The disputes on constitutionality between the Central Government and the Municipal Governments of the Autonomous Regions of the Caribbean Coast.
The Law on Constitutional Justice shall regulate the remedies and mechanisms established in this chapter.
Chapter III. Constitutional Reform
Article 191
The National Assembly has the authority to partially reform this Political Constitution and to consider and decide on initiatives for its total revision.
The right to initiate a partial reform belongs to the President of the Republic or to one- third of the members of the National Assembly.
Half of the total membership of the National Assembly plus one are required to initiate a total reform.
Article 192
A proposal for partial reform must specify the article or articles to be amended with a statement of the reasons for the modification. The proposal must be sent to a special commission which shall issue an opinion within a period of no more than sixty days. The reform initiative shall then follow the same process as the enactment of a statute.
A proposal for partial reform must be discussed in two sessions of the National Assembly.
Article 193
The initiative for a total reform of the Constitution shall follow the process established in the previous article with regard to its presentation and explanation.
Upon the approval of the initiative for a total reform, the National Assembly shall fix the period in which the elections to a National Constituent Assembly have to be held. The National Assembly continues its mandate until the installation of the new Constituent National Assembly.
Until a new Constitution has been approved by the Constituent National Assembly, this Constitution shall remain in effect.
Article 194
Approval of a partial reform shall require a favorable vote by sixty percent of the members of the National Assembly. Two-thirds of the total membership are required to approve a total reform. The President of the Republic shall promulgate the partial reform and in this case may not exercise the right to veto.
Article 195
The reform of constitutional laws shall be made in accordance with the procedure established for partial reform of the Constitution, with the exception of the requirement of discussion in two legislative sessions.
